A fight caught on tape in Nanuet is sparking allegations of unfair arrests and racial discrimination.

The claims stem from a brawl at a White Castle that took place in February of 2006. Video surveillance shows three Hispanic men, 23-year-old Carlos Germosen, 22-year-old Kelvin Espinal-Rodrigues and Carlos Diaz involved in an altercation with four white males.

Police later arrived and arrested Germosen, Rodriques and Diaz.

According to Carlos Germosen's lawyer, William Gerard, Clarkstown police arrested the wrong men. Gerard filed motions Wednesday for the Rockland County District Attorney?s Office to dismiss assault charges after reviewing the video. Gerard claims the DA?s office kept the video evidence from him. The DA?s office says it provided all evidence when it was received by the Clarkstown Police Department.

The district attorney has been granted time to answer the motion. The judge will issue a decision when the case returns to court in July. The defense also says they are considering a civil suit.